Lease Break : Landlord raising rent by 20% for re renting (Seattle: low income, rental)

[nittu1987]

My lease has 12 months remaining and I am breaking my lease. My landlord has raised the rent by 500$ for new tenants. Can my landlord raise the rent for new tenant? I have already given 1 and half month notice and moved out of the property but given the high rent it is harder to get a new rental for the property.

As per Washington laws, and my lease agreement I need to keep paying the rent until a new tenant come and occupy the property.

[CrazyDonkey]

Originally Posted by nittu1987

My lease has 12 months remaining and I am breaking my lease. My landlord has raised the rent by 500$ for new tenants. Can my landlord raise the rent for new tenant? I have already given 1 and half month notice and moved out of the property but given the high rent it is harder to get a new rental for the property.

As per Washington laws, and my lease agreement I need to keep paying the rent until a new tenant come and occupy the property.

How do you have 12 months remaining on what is presumably a one-year lease? Did you renew, then had second thoughts? I suppose, once you've abandoned the unit and turned in the keys, he can ask whatever he wants in rent, while still holding you liable for the terms of the lease that you signed.

Methinks you should do what you probably should have done in the first place -- talk with the Tenants Union to find out what your rights are.

[nittu1987]

I had a 18 months lease , What is tenants union?

[homesinseattle]

Originally Posted by nittu1987

I had a 18 months lease , What is tenants union?

Nittu, here is the link to the tenants union: https://tenantsunion.org

[Hemlock140]

All of the city and state Covid emergency rules on rent increases apply to existing leases. Landlords may raise the rent for new tenants freely. This has resulted in many cases where a new tenant is paying several hundred more than their neighbor in an identical unit. In order to make up for the loss of increased rent from the current tenants, to make up for their higher overhead (insurance, utilities, maintenance, taxes) they raise the new tenant more than they would have otherwise.

[jabogitlu]

If you're in the City of Seattle:

- Landlord is required to give 6 months notice of ANY rent increase
- If you're low income, an increase of 10% or more may qualify you for relocation assistance (paid by the landlord) up to 3x your monthly rental amount

I also highly suggest contacting the tenants union linked by homesinseattle, above.


Edit: Okay, I re-read your post. Sounds like what's happening is you're trying to break the lease but need to find someone to move in, so your lease can be dissolved, but the landlord is requiring $500/mo more than you pay. That is a complicated scenario... I am not sure of the answer to that question. Definitely ask the tenants union.

[CrazyDonkey]

Originally Posted by nittu1987

I had a 18 months lease , What is tenants union?

So, I assume, he has grabbed the last month and deposit that you already paid. You could demand that he return that:

"(1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within twenty-one days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.

(2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee."

However, RCW 59.18.310:

"(b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following

(i) The entire rent due for the remainder of the term; or
(ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees."
So, you may be liable for "rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees."

If he wants more than he's already grabbed, he'd have to sue you. To get your deposits back, you'd have to sue him.

[oregonwoodsmoke]

You signed a contract for 18 months. "I don't want to any more" is not really acceptable grounds to break a contract.


It sounds like you are on the hook until the landlord finds a new tenant. Yes, the landlord can increase the rent up to market rate when you move out and the new tenant does not get to enjoy your bargain rate. I'm guessing you got a little break on the rent amount because you signed a long contract (which you didn't honor) and got another little break on the rent because it was mid-winter and you agreed to stay until summer.



I suggest that you contact your landlord and see if you can pay a lease break fee to get out of the rest of the contract. Lease break fees are usually 1 1/2 to 2 times a months rent. If the landlord agrees, then you are done with it. it's possible that you will pay that much, anyway, while the landlord tries to qualify a new tenant.


It is very possible that the higher rent is not stopping the landlord from finding a new tenant. All of my landlord friends are getting 150-200 applicants for every vacancy, but all of them have bad credit, criminal records, and no income. Just because someone is applying does not make them a suitable tenant.


Washington was quite generous about giving away a landlord's income during Covid and your landlord does not have to accept any tenant that is currently being evicted after not paying any rent for 18 months.


Summer is the best time to get a new tenant, so surely your landlord is trying and not stalling until winter when it is difficult to get a good tenant.

[jabogitlu]

It sounds like you are on the hook until the landlord finds a new tenant. Yes, the landlord can increase the rent up to market rate when you move out and the new tenant does not get to enjoy your bargain rate. I'm guessing you got a little break on the rent amount because you signed a long contract (which you didn't honor) and got another little break on the rent because it was mid-winter and you agreed to stay until summer.

This may not be true. I suggest the OP contact the tenants union. The City of Seattle has very specific protections for tenants.

[Snowman05]

I rented several places and never heard of an 18 month lease. This must be a nice place. Nicer than you probably needIsn't it illegal to raise rent more than like 10%? I guess new tenants are an exception...